By accepting these Terms of Use, you ("User/vendor") and your controlled affiliates, where applicable, agree to enter into a legally binding agreement with Kotak Mahindra Bank Limited and its affiliates (collectively, "Kotak") regarding use of Kotak's API Content, Marks (each as defined below) and Application Programming Interface ("API"). The following terms shall govern your use of API and relationship with Kotak.
1. Definitions:
1.1 "Affiliate" means, with respect to either party, any partnership, joint venture, corporation, limited liability company, association or other legal entity, however organized (a "Person") that now or hereafter directly or indirectly through one or more intermediaries, controls, or is controlled by or is under common control with the party in question. For the purpose of this definition, "control" together with grammatical variations when used with respect to any Person, shall mean the power to direct the management and policies of such Person; directly or indirectly.
1.2 "API" means a set of subroutine definitions, protocols, and tools for building application software made available by Kotak through the Kotak Bank Developer Platform to allow you to access and/or use API Content/Services through your application.
1.3 "API Content" means data or information made available by or delivered through a particular API, subject to the terms and conditions identified below.
"API Services" means service(s) and/or function(s) accessible through or performed by a particular API, subject to the terms and conditions identified below
"API Content/Services" means the API Content and the API Services associated with an API(s).
1.4 "Documentation" means the standard written material in machine readable or printed form that describes the design, functions, operation or use of the Software & any updates and upgrades from time to time.
1.5 "Defect" means a failure of the API(s) and/or the API Content/Services associated with any API(s) to perform in all material respects in accordance with its specifications.
1.6"Harmful Code" means a self-propagating program such as a virus, worm, Trojan horse, logic / time bomb, back / trap door and all similar forms of extraneous code or harmful components that damage other programs. A disabling device such as a product key or an expiry code is not Harmful Code or any downloadable content which contains any harmful code
1.7 "Intellectual Property Rights" means all tangible and intangible and now known or hereafter existing (i) rights associated with works of authorship, including but not limited to copyrights, moral rights, and mask-works, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other intellectual and industrial property rights, whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
1.8"Licensed Content" Licensed Content shall include Published APIs, services framework and related documentation (for instance, Methodology & design, technical details of the system, Data Requirements, Security controls, User manual, online help manual, Maintenance requirements, Interface document, sample code) or such content. as may be provided by Kotak at its sole discretion from time to time.
2. Purpose or Use of Licensed API
These Terms of Use governs your use of Licensed Content and Marks, API licensed to you pursuant to the terms hereto, and any accompanying or related documentation, source code, executable applications and other materials which Kotak determines to provide to you in the development or operation of your website and / or mobile application ("Developer Platform").
3. Grant of License
3.1 License to Content: Subject to the terms and conditions of this API Terms of Use,, Kotak hereby grants you a non-transferable, non-exclusive, non-assignable, revocable, non-sub-licensable, royalty-free right and license to (i) use, perform and display (publicly or otherwise) the Licensed Content in your applications on the Developer Platform, and (ii) allow users of the Developer Platform to access the Licensed Content using the Developer Applications on the Developer Platform. Kotak may enter into separate service agreement with you which shall govern additional terms and conditions governing your use of the API Platform for any specific purpose.
3.2 Terms Governing the Licensed Content:
3.2.1 The Licensed Content shall be shared with you in the frequency and on the terms and conditions as may be agreed upon between you and Kotak pursuant to a separate service agreement executed to this effect.
3.2.1 Kotak hereby reserves the right to modify, change, or delete any of the Licensed Content and API, including but not limited to alter, modify, change or delete the terms of this License Agreement, from time to time, at its sole discretion.
3.2.2 You agree that any modification, change or deletion made by Kotak to the Licensed Content, API or this Terms of Use shall be applicable to you, should you continue to avail this license. If you do not wish to be bound to any new modification introduced by Kotak to the Licensed Content, API or this Terms of Use, you must indicate your willingness to terminate this License Agreement by ceasing to use the API and Licensed Content with immediate effect. If you choose to continue with the use you shall, by your such act, will have given your consent for such modification..
3.3 License to Kotak Marks: Subject to the terms of these Terms of Use and the service agreement that may be executed by Kotak in your favour Kotak may grant you a non-transferable, non-exclusive, revocable, non-sub-licensable, royalty-free license to use, reproduce and display Kotak"s name, trademarks, service marks and logos (collectively, "Marks"), solely for purposes of performing your obligations or exercising your rights under these Terms of Use. The usage shall be strictly as per the terms and conditions that are set out in the service agreement and any use in violation thereof shall be treated asinfringement of Kotak"s intellectual property rights in the Marks.
3.4 Attribution: All content pages which contain Licensed Content will have a attribution as specified in the service agreement. Each website content page will have a do-follow link to www.kotak.com, which link will open www.kotak.com in a new window. Each mobile app content page will have a link to open the Kotak mobile app or, if the Kotak app is not installed, to the mobile device"s app store (e.g., Google Play or Apple"s App Store)
3.5 Permissions:
By incorporating the API into your website or service, you agree that Kotak may collect and use information from you and your users as described in our Privacy Policy ("Annexure A" hereto). You need to have the adequate privacy policy in place. You also agree that Kotak may use automated methods to analyze your website or service where the API and/or Licensed Content has been incorporated. Any information you or your users submit, upload, post, create, or add to the Kotak services through your use of the API (including, without limitation, the use by users of your service and/or website) shall be deemed a User Submission. Kotak shall have the right to use, reproduce, transfer, sublicense and otherwise exploit perpetually any information, data, content, material of any nature whatsoever that you or your users submit, upload, post, create or add to the Kotak services through your use of the API (including, without limitation, the use by users of your application and/or website). You agree and undertake to hold harmless and indemnify Kotak against any and all third party claims of whatsoever nature, costs, expenses, liability, damages, attorney fees for defending such claim that may arise out of use of the API.
4. API Restrictions
4.1 Use of an API and/or API Content/Services is subject to reasonable information security policies and procedures, including but not limited to OTP procedures, which may not be fully disclosed and may vary from time to time. When accessing or using an API and/or API Content/Services under this Agreement, you, your End Users and/or your Application shall not:
4.1.1. modify, obscure, circumvent, or disable any element of an API and/or API Content Services, or their access control features;
4.1.2. disrupt, interfere with, or adversely impact the access or use of an API and/or API Content/Services by Us or others;
4.1.3. disclose, share, or transfer your Token or OTP to any third party or allow anyone else to access your API Market account unless expressly authorized in this Service Agreement;
4.1.4. infringe, misuse, or claim ownership of Our intellectual property;
4.1.5. transmit any viruses, worms, defects , Trojan horses, any other harmful code or any malware through your Application or your access to or use of an API and/or API Content/Services;
4.1.6. use the API and/or API Content/Services in whole or in part for the purpose of serving as a factor in establishing an individual's eligibility for credit, employment or insurance or for any other consumer initiated transaction.;
4.1.7. use it in connection with an Application that offers, permits or promotes gambling within the Application;
4.1.8. use it in connection with an Application that is offensive, abusive, libellous, harassing, threatening, discriminatory, vulgar, pornographic, unethical, unlawful (or that promotes unlawful behavior), or that is otherwise inappropriate as determined by us in our sole discretion;
4.1.9. except as expressly authorized by us, use any robot, spider, retrieval application, or other automated functionality to retrieve or index any portion of our data, products, or services for any unauthorized purpose; or
4.1.10. use any API and/or API Content/Services in furtherance of or in connection with any live transaction (whether virtual or real) or any transaction with legal or other real consequences to you, your End Users or any participant in the transaction, regardless of whether the data involved or was otherwise provided or furnished for use by you, your End Users or your Application.
4.2 We reserve the right, in our sole discretion, to grant, deny, limit, or modify your and/or your End Users' access to and/or the use of any API(s) and/or the API Content/Services associated with any API(s).
5. Data Protection:
5.1 When accessing or using an API and/or API Content/Services under this Agreement, you, your End Users and/or your Application shall use commercially reasonable efforts to ensure the cyber security measures are in place to protect the Kotak"s data and information which are accessed, processed, stored or transmitted irrespective of whether such place is housed at the Kotak"s premises or in the premises of a third party.
5.2 You shall immediately report to us the occurrence of any Cyber Incident that has compromised our information or data. In such report you shall identify (i) the nature of the unauthorized use or disclosure, (ii) the information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what you have done or shall do to mitigate the effects of the unauthorized use or disclosure, and (v) what corrective action you have taken or shall take to prevent future similar unauthorized use or disclosure. You agree to fully reimburse and hold us harmless promptly and without any demur, in respect of all costs, expenses, damages and liabilities arising out of or in any manner connected with a Cyber Incident.
6. Intellectual Property (IP):
6.1 Kotak owns all rights, title and interest (including any intellectual property rights) in and all content developed by you on to the Kotak Bank Developer Portal, the APIs and API Data and all other software and systems used by us in connection with the APIs. You hereby agree to keep Kotak and its affiliate and any of their respective officers, directors, employees and agents from and against any claims, costs, charges, damages, losses and expenses (including reasonable attorneys and consultants fees and expenses) arising out of the content developed by you.
6.2 You must not promote or use your App or any API Data or any goods and services associated with your App or any API Data which implies or suggests your application or those goods and services are endorsed by or in any way affiliated with us, or any of our Affiliates.
6.3 You must not use any of our trademarks, logos or brands without our express written approval. You will comply with any guidelines issued by us regarding use of our trademarks, logos or brands. Kotak may revoke any approval given in relation to our trademarks, logos or brands at any time.
6.4 Nothing in these API Terms of Use grants or transfers to you any intellectual property rights or other interest in any of our trademarks, logos or brands.
6.5 You warrant that you have all the authorisations and licenses, including the right to use and grant rights in the content that you upload on the Kotak Bank API Developer Portal, in favour of Kotak. You hereby grant to us and our related companies a perpetual, worldwide royalty free and non-exclusive licence to use and copy your content for the purposes of facilitating and administering your access to and use of the Kotak Bank Developer Portal, the APIs and any API Data. You hereby agree to keep Kotak and its affiliate and any of their respective officers, directors, employees and agents from and against any claims, costs, charges, damages, losses and expenses (including reasonable attorneys and consultants fees and expenses) arising out of the content uploaded by you on the Kotak Bank Developer Portal.
6.6 You represent and warrant that you have the right to use, reproduce, transmit, copy, display and distribute Your Content and to grant us the licence to use and copy Your Content and that the use of the App by its users, and our use or any copying of Your Content, will not violate or infringe the rights (including intellectual property rights) of any third party.
7. Indemnity
You agree to indemnify and hold harmless Kotak, its Affiliates and any of their respective officers, directors, employees and agents from and against any claims, costs, charges, damages, losses and expenses (including reasonable attorneys and consultants fees and expenses) with respect to any third party claim relating to or arising out of: (a) your use of any Licensed Content in a manner inconsistent with the terms of these Terms of Use; (b) your breach of these Terms of Use, (c) breach of any applicable laws, regulations, or ordinances; (d) the Developer Platform or (e) the Developer Applications.
8. Disclaimer
8.1 KOTAK PROVIDES API(S) AND API CONTENT/SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KOTAK DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KOTAK FURTHER DISCLAIM ANY WARRANTY IMPLIED BY LAW REGARDING ANY API OR API CONTENT/SERVICES, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KOTAK FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OR PERFORMANCE OF API(S) AND API CONTENT/SERVICES. YOU UNDERSTAND AND AGREE THAT YOU WILL USE API(S) AND API CONTENT/SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA, THAT ARISE FROM YOUR USE OF API(S) AND API CONTENT/SERVICES.
9. Limitation of Liability:
9.1 In Addition to your liability for breach of the terms of this agreement you shall be liable for breaches of confidentiality, any third party claim for intellectual property infringement, your use of the Licensed Content, in a manner inconsistent with the terms of these Terms of Use. Kotak will not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, lost revenue or costs of procurement of substitute goods or services, however caused and under any theory of liability, including but not limited to contract or tort (including product liability, strict liability and gross negligence), and whether or not Kotak was or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein. Further, in no event shall your liability be limited under this agreement.
9.2 Kotak shall have no liability of any kind to you or any user of your applications with respect to such modifications or any adverse effects resulting from such modifications. Your continued access to or use of the API or API content/services shall constitute binding acceptance of the modification(s) at issue.
10. Right to Terminate
10.1 Kotak shall have the right to suspend your access to API(s) or API Content/Services or Kotak reserve the right to terminate this Service Agreement without notice, in our sole discretion, and without liability for such suspension or termination, upon: (i) information or belief that you, your Application or others have accessed an API or API Content/Services other than your API(s) or API Content/Services; (ii) breach or threatened breach of the licenses set forth in these Terms of Use (including but not limited to the API Governing Documents) and/or the restrictions therein; (iii) as recommended or required to comply with any applicable law or regulation. We may otherwise terminate this arrangement with or without cause upon fifteen (15) days prior written notice to you. In the event of a termination by either party, you agree to cease using all APIs accessed pursuant to this arrangement, promptly (but under any circumstances in no more than two (2) business days) remove the API and API Content/Services from your Application, and delete any API Content/Services you possess or control.
11. Force Majeure
Any delay in or failure of performance by Kotak under these Terms of Use will not be considered a breach of these Terms of Use and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, acts of God, power outages, failures of the Internet, war, terrorism, civil or political disturbance, lock-outs, floods, fire, or any other unforeseeable event. .
12. Governing Law
The Parties agree that this Agreement and all rights and obligations of the Parties hereunder shall be governed, construed and interpreted exclusively under the laws of India, and shall be subject to the exclusive jurisdiction of the courts of Mumbai without application of the conflict of laws rules which may otherwise be applicable
13. Arbitration : In the event of a dispute, difference or claim between the parties hereto, arising out of this Agreement or in any way relating hereto, or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the parties shall first endeavour to settle such difference, dispute, claim or question by mutual discussion, failing which the same shall be referred to arbitration before mutually appointed arbitrator in accordance with the Arbitration & Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force and such arbitration proceedings shall be held in English and at Mumbai.
14. **Relationship Between Parties:**These Terms of Use are on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create any partnership, joint venture, employment or relationship of principal and agent between Kotak and you and if applicable your representatives and employees or between you and the representatives and employees of Kotak or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party.
Annexure A
Privacy Policy
You agree that we may use Customer Information for the purpose of statistical analysis and for creation of data ("Statistical Information"), which does not contain individual Customer Information. In addition to the information that the Bank elicits from you, you are free to volunteer any other information that you feel that the Bank needs to know, but the security and confidentiality as per this Policy is guaranteed only to the information that the Bank directly asks from you.This Policy holds true for a non-customer who has provided information to the Bank, by any means, with the intentions of establishing a relationship, of whatsoever nature, with the Bank. By divulging any information to us you agree to the terms and conditions of this Policy.
Use of Customer Information / Statistical Information
We may use the Customer Information for, among other things, customer verification, provision of products and services, for personalization of products or services, marketing or promotion of our financial services or related products or that of our associates and affiliates; for creation of Statistical Information, statistical analysis or credit scoring, enforcement of your obligations, any other purpose that will help us in providing you with optimal and high quality services.
Security
We have taken reasonable measures to protect security and confidentiality of the Customer Information and its transmission through the World Wide Web. You are required to follow the Terms and Conditions while using this Website including the instructions stated therein in respect of security and confidentiality of your Log-in and Password.The Bank will give access to Customer Information to only authorised employees. Employees who violate this Privacy Policy shall be subject to disciplinary process as per the byelaws of the Bank. Any employee who withdraws from the employment of the Bank will have to undertake to abide by this Privacy Policy and keep all Customer Information secure and confidential.
Disclosure
· We shall not be held liable for disclosure of the Customer Information or Statistical Information in accordance with this Privacy Commitment or in terms of any other agreements with you.
· We may disclose the Statistical Information to any person, without any limitation and you hereby give your irrevocable consent for the same.
· We may disclose Customer Information to any of our associates and affiliates, without any limitation and you hereby give your consent for the same.
· We may disclose the Customer Information, to third parties, without limitation, for the following reasons and you hereby give your irrevocable consent for the same:-
o To comply with legal requirements, legal process, legal or regulatory directive/ instruction. or
o To enforce the Terms and Conditions of the products or services. or
o To protect or defend our rights, interests and property or that of our associates and affiliates, or that of our or our Affiliate's employees, consultants etc. or
o For fraud prevention purposes. or
o As permitted or required by law.
· We may disclose the Customer Information to third parties for following, among other purposes, and will make reasonable efforts to bind them to obligation to keep the same secure and confidential and an obligation to use the information for the purpose for which the same is disclosed, and you hereby give your irrevocable consent for the same: -
o For participation in any telecommunication or electronic clearing network. or
o For credit rating by a credit rating agency. or
o For advertising. or
o For facilitating joint product promotion campaigns. or
o For the purposes of credit reporting, verification and risk management to/ with clearing house centers or credit information bureau and the like. or
o For availing of the support services from third parties e.g. collecting subscription fees, and notifying or contacting you regarding any problem with, or the expiration of, any services availed by you.
Cookie Policy
To continually enhance your online experience, we use cookies that store your preferences and give us data about your browsing behaviour, such as the pages you visited on this website, how much time you spent on our site, etc. This information helps us understand customer interests and helps us improve our website. By visiting the website, you acknowledge, accept and expressly authorize us for the placement of cookies on your computer or hand held device.Please find below some more information regarding cookies and their application on our website:
What are Cookies?
A cookie is a simple text file that is stored on your computer or mobile device by a website"s server and only that server will be able to retrieve or read the contents of that cookie. Every cookie is unique to your particular web browser. It will contain some anonymous information such as a unique identifier and the site name with some digits and numbers. It allows the website to remember your browsing behaviour & show you relevant ads based on the browsing pattern. The cookies also allow the website to limit the number of ads shown.
How does Kotak.com use Cookies?
Kotak.com uses cookies to capture following information "
· Source of visit to the website
· Time spent on the website
· Pages viewed on the website
· Ad clicks
In addition to analysing anonymous user behaviour on Kotak.com, aforementioned data also allows us to pre-empt requirements of prospects and existing account holders (by capturing their CRN number) & pitch relevant services through display advertising or telecalling.Please note that the scope of this tracking is limited to the kotak.com domain. User activity on other third-party websites is not tracked by Kotak.com cookies.
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